New Jersey Real Estate Practice Exam Free Practice Question
While inspecting a tenant-occupied property, the buyer was told by the seller that the microwave oven would be included in the sale price. Upon possession, the buyer learned that the microwave oven belonged to the tenant and not the seller. Is the buyer entitled to the microwave oven?
Correct Answer: D
Rationale: The buyer is not entitled to the microwave because the seller did not own it; it belonged to the tenant. Option A incorrectly assumes that all items in the property are included in the sale, but personal property must be owned by the seller to be part of the transaction. Option B is misleading, as oral contracts for real property are often unenforceable unless they meet specific legal criteria, such as being in writing. Option C, while accurate in stating the microwave was tenant property, does not address the seller's lack of authority to sell it, making D the most comprehensive and correct choice.
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